Court rules on WOTUS

October 15, 2015

The Sixth Circuit has just stayed the WOTUS rule nationwide, by a 2-1 vote, until it determines whether it has jurisdiction over the petitions for review. The majority found a substantial possibility of success on both merits grounds (that the rule does not comport with even Justice Kennedy’s Rapanos opinion) and procedural grounds (that significant changes in the rule were never put to notice and comment). The order is, “The Clean Water Rule is hereby STAYED, nationwide, pending further order of the court.”